Field v. Leiter
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This was a bill in chancery, brought by Levi Z. Leiter against Marshall Field, to restrain the defendant from encroaching upon premises of the complainant, in constructing the foundations of a party wall between said premises and the adjoining premises of the defendant.
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Appeal from the Circuit Court of Cook county; the Hon. Thomas A. Moran, Judge, presiding. This was a bill in chancery, brought by Levi Z. Leiter against Marshall Field, to restrain the defendant from encroaching upon premises of the complainant, in constructing the foundations of a party wall between said premises and the adjoining premises of the defendant. The bill alleges that some time prior to April 28, 1884, the complainant, being the owner of the west half of lot 3, block 96, ¡School Section addition to Chicago, erected thereon a brick and stone building five stories high, fronting on…
1Opinion of the CourtBailey, P. J.
It appears, both from the pleadings and the proofs in this case, that the main controversy between the parties arises upon the proper construction to be given to the provisions of the contract of April 28, 188k In the absence of any right or license voluntarily granted to him by the complainant, it is manifest that the defendant would be Avholly without authority to extend any portion of his building, either of- the foundation or superstructure beyond the line of his own lot. As no such right or license is claimed except as given by said contract, we must look to the contract alone for his…
2Cited by1 opinion
- Leiter v. FieldAppellate Court of Illinois · 1887